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Meghalaya High Court · body

2019 DIGILAW 80 (MEG)

Nurul Islam v. Supply Koch

2019-03-20

MOHAMMAD YAQOOB MIR

body2019
JUDGMENT : 1. Disobedience of the order dated 21-05-2018 as alleged by the petitioner has given rise to filing of this petition so as to initiate contempt proceedings. 2. The respondent has filed an affidavit on 18-03-2019 stating therein that the order has been complied with. 3. In terms of the order dated 21-05-2018 passed in WP(C). No. 119 of 2018, Secretary, J.K.Memorial Secondary School, West Garo Hills was under command to disburse the salary of the teachers as directed by the Director School Education Officer, West Garo Hills, Tura vide his letter dated 21-02-2018. 4. The letter dated 21-02-2018 sent by the District School Education Officer, West Garo Hills, Tura suggests that the Secretary (respondent) has been directed to submit the payment register of Science teacher before 28-02-2018 failing which the Managing Committee will be dissolved and the salary of the Science teacher may be credited to the account of the Science teacher. 5. In the affidavit dated 18-03-2019 respondent (Secretary) has stated that the salary for the period i.e., 01-03-2016 to 28-02-2017 was drawn by the petitioner himself from the office of the District School Education Officer, Tura because the tenure of the earlier Managing Committee had expired in the month of February, 2016, thereafter, no Managing Committee was there as a result whereof the school was running under the administrative control of the District School Education Officer, Tura. 6. It is further stated that the new Managing Committee of which respondent is the Secretary was approved by the District School Education Officer for a period of three years w.e.f., 04-04-2016 to 03- 04-2019. The answering deponent has disbursed the salary of the petitioner regularly until his termination on 17-03-2018. The petitioner has received the monthly salary from the respondent for the period i.e., March, 2017 to February, 2018, receipt of which has been duly acknowledged by the petitioner in support whereof his signature has been taken on the payment register, now no salary is due to be paid to the petitioner. 7. In view of the clear stand of the respondent the order disobedience of which is alleged, has been complied with. Therefore, contempt proceedings do not survive for any consideration are accordingly closed. 8. Disposed of as above.